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Edited by Mads Andenas and Camilla Baasch Andersen

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation.

Chapter 25: Harmonisation of Competition Law in Multilateral Trade Framework: China’s WTO Membership and its Anti-monopoly Law

Monograph Chapter

Extract

25. Harmonisation of competition law in multilateral trade framework: China’s WTO membership and its Antimonopoly Law* Qianlan Wu** I. Introduction The debate on economic globalization mainly centres on whether it is defined as a global economy in the making or as increasing internationalization of economies.1 The two conceptualizations of economic globalization seem to correspond to respective understandings on global law development. The concept of one global economy can provide justification for the development of a uniform law to govern the global market, while the internalization of different economies can provide economic foundations for the legal pluralism in global law.2 Nevertheless, amid the complexity of economic globalization and global law development, domestic markets have transcended national borders and become increasingly interconnected. Consequently, market regulations in different economies have become more interconnected and domestic and international market regulation rules have intertwined.3 The development of competition laws in different economies serves as one good example. Domestic competition laws can have spill over effects on * Editor’s note: This chapter is based on the development of Anti-monopoly Law of China until 2010. ** Lecturer, School of Contemporary Chinese Studies, University of Nottingham, UK. 1 Manuel Castells (2000), ‘Global Information Capitalism’ in David Held and Anthony McGrew (eds), The Global Transformation Reader, (Polity) at 303. 2 Wener Menski (2006), Comparative Law in a global context: the legal system of Asia and Africa (Cambridge University Press) at 3–25. 3 Francis Snyder (2004), ‘Economic Globalization and the Law in the Twenty First Century’, in Austin Sarat (ed.) Blackwell...

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